Guidance for Health Care Joint Ventures: A Comparison of the Requirements of the Antitrust, Fraud and Abuse, and Self-Referral Laws

Published as an Aspen Special Report, this article provides guidance on the various legal considerations that arise in the formation and operation of a health care joint venture, especially when the health care providers who refer to it or use its services also have financial arrangements with the entity. It begins with a discussion of the background of the antitrust laws, the fraud and abuse laws, and the self-referral laws as they relate to this topic. Then, the article discusses specific issues that can arise from the formation and operation of such joint ventures.